Service Animals

Ownership: Risk Management

Approved by: Vice Chancellor Administrative Services

Service Animal Procedure

Purpose: Oakland Community College recognizes the importance of service animals to
individuals with disabilities and has established the following guidelines for service
animals to assist people with disabilities. These guidelines adhere to the Americans
with Disabilities Act of 1990 as amended in 2010, Section 504 of the Rehabilitation
Act of 1973 as applicable, and the U.S. Department of Justice, Civil Rights Division's
2015 "Frequently Asked Questions about Service Animals." These guidelines ensure
that people with disabilities who require the use of service animals receive the benefit
of the work or tasks performed by such animals.

Related Links

Scope:

OCC is committed to allowing people with disabilities the use of a service animal
on campus to facilitate their full participation and equal access to the College's
programs and activities. Below are specific requirements and guidelines concerning
the appropriate use of and protocols associated with service animals. OCC reserves
the right to amend these guidelines as circumstances require.

Definitions:

Service Animal – A service animal is a dog that is individually trained to do work
or perform tasks for a person with a disability. Only dogs are recognized as service
animals under Titles II and III of the ADA, beginning March 15, 2011. This definition
excludes all comfort, support, therapy, or companion animals, because they have not
been trained to perform specific tasks directly related to the person's disability.

Service Animals-in-Training – Under ADA, a Service Animal-in-Training is not considered
a service animal, but may be allowed on campus for training purposes as a service
to the community.

Disruptive Service Animal – A disruptive service animal is one out of control and
the handler does not take effective action to control it.

Procedure:

Service animals have few restrictions on where they can go. Thus, they are allowed
to be in classrooms, hallways, restrooms, cafeterias, offices, etc.

The handler is responsible for caring for and supervising the service animal, which
includes toileting, feeding, and grooming and veterinary care.

Service animals are subject to local municipal dog licensing and registration requirements.

The service animal must be harnessed, leashed or tethered while in public places unless
the devices interfere with the service animal's work or the person's disability prevents
use of these devices.

The ADA does not restrict the type of dog breeds that can be a service animal. Municipalities
that prohibit specific breeds of dogs must make an exception for service animals,
unless it is determined on a case-by-case basis that the dog poses a direct threat
to the health or safety of others.

If a particular service animal behaves in a way that poses a direct threat to the
health or safety of others that cannot be mitigated by reasonable modifications of
policies, practices or procedures or the provision of auxiliary aids or services,
has a history of such behavior, or is not under the control of the handler, that animal
may be excluded. If there is a disruptive service animal, OCC personnel may request
the dog be removed from the premises. It would be appropriate to contact the Public
Safety Department for this service.

The dog is not required to wear a vest, patch, or special harness identifying them
as a service animal.

The ADA does not require covered entities to modify policies, practices, or procedures
if it would "fundamentally alter" the nature of the goods, services, programs, or
activities provided to the public, nor does it overrule legitimate safety requirements.
If admitting service animals would fundamentally alter the nature of a service or
program, service animals may be prohibited. In addition, if a particular service
animal is out of control and the handler does not take effective action to control
it, or if it is not housebroken, that animal may be excluded.

When it is not obvious that a dog is a service animal, per ADA rules only two questions
can be asked to determine if a dog is a service animal. They are:1. Is the dog a service animal required because of a disability?2. What work or task has the dog been trained to perform?

Staff cannot request the dog demonstrate the task, ask about the nature of the disability,
or compel the handler to register the dog or provide other documentation.

Service animals are subject to local municipal dog licensing and registration requirements.
Handlers, however, are not required to register service animals with the College in
order to bring them on campus. All employees are encouraged to inform visitors with
service animals to voluntarily register with ACCESS.

When encountering a service dog, individuals should not pet the dog as it distracts
the dog from its work. Do not feed, deliberately startle, tease, or taunt the dog.
Do not separate or attempt to separate a person from their service dog.

If a service dog is disruptive, contact Public Safety. If an instructor is concerned
about the presence of a dog in their class that is not disruptive, they should contact
ACCESS.

Persons with dog dander allergies who are negatively affected by the presence of a
service dog should contact ACCESS or Human Resources to review reasonable accommodations
and resolve any conflicts.

If an individual believes they have been wrongfully denied access or service because
they use a service animal, they may report it to Public Safety from any College phone
at extension 5555 or outside phone at 248.858.4911.

Individuals with concerns about potential discrimination may also contact the United
States Department of Education, Lyndon Baines Johnson Department of Education, 400
Maryland Avenue SW, Washington, DC 20202-1100. Telephone: 800.421.3481; FAX: 202.453.6015;
TDD: 800.877.8339; Email: OCR@ed.gov or the United States Department of Justice, Disability Rights Section by email as
ADA.complaint@usdoj.gov or go to the ADA website.